ORDER NO.29513 DISCUSS ADDENDUM FOR 2006 KERR COUNTY MARKET DAYS AND KERB COUNTY FARMERS' MARKET USAGE LICENSE Came to be heard this the 27th day of December, 2005, with a motion made by Commissioner Letz, seconded by Commissioner Nicholson. The Court unanimously approved by vote of 4-0-0 to: Approve Addendum to the Kerr County market Days Agreement for 2006, and Kerr County Farmers' Market Usage License, as submitted, and authorize County Judge to sign same. (,lg COMMISSIONERS' COURT AGENDA REQUEST a 9Sl 3 PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Pat Tinley OFFICE: County Judge MEETING DATE: December 27, 2005 TIME PREFERRED: SUBJECT: Consider, discuss and take appropriate action on Addendum for 2006 Kerr County Mazket Days and Kerr County Farmers' Mazket Usage License and authorize County Judge to sign same. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: County Judge ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551. and 552, Government Code, is as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: 5:00 P.M. previous Tuesday. All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. ~~' llllt',fl°>i' ~OtflH't~~ 1v11~Il'~0~ ~SSt)0&~~Il091 PO Box 290163 Kemrille, Texas 78029-0763 830895-7962 830b9r7524 (fax) KerrMarket@ad.com November 23, 2005 Pat Tinley, County Judge Ken- County Commissioners Court Kerr County Courthouse 700 Main Kenville, Texas 78028 Dear Judge Tinley, ~~~'. S S ~ onF~t /(-a y - oS In reviewing the 2005 Market Days season we have, reluctantly, come to the contusion that a schedule change must be considered for 2006. The overall economic situation, especially increased fuel prices, appears to have reduced Market participation by both vendors and customers. This has been most apparent on the second Saturday. !n conversations with many of our "regular" vendors, we have teamed this impact is not limited to Market Days but has been felt in similar events across the state. With this consideration and anticipating an impact from the construction on Sidney Baker, we propose for 2006 to conduct Market Days once per month, on the fourth Saturday, April through November and on the third Saturday of December. Hopefully, this will allow vendors to reduce their expenses white maintaining or increasing current customer participation. Presently, this change is planned to be temporary and in the years to come we expect to return to a twice monthly schedule. Since the Usage License agreement with Kerr County speaks of the times of Market Days operations as "...the anticipated times ..." we hope a formal change to the agreement will not be necessary. If, however, you feel it would be best to either brief the Commissioners Court on the planned change or if you find an official revision of the License agreement is appropriate, please let us know. There have been so many positive things this year for Market Days. Our reputation for truly homemade, homegrown products has spread and our marketing efforts have reached farther than ever before. We hope this change does not slow our momentum but rather gives everybody a chance to gather their resources and come back in 2007 bigger and better than ever. Please feel free to contact me if you have any questions or if your feel we need to take any further action regarding the Market Days 2006, Sincerely, -,_./: /U ~i~v~~~~~ °.~_I uAnn Anderson President KerrMarketDays.org ORDER NO.28371 APPROVE 2003-2004 KERB COUNTY MARKET DAYS AND KERR COUNTY FARMERS' MARKET USAGE LICENSE On this the 27th day of October, 2003 upon motion made by Commissioner Baldwin, seconded by Commissioner Letz, the Court - - ..: _:_ ., ,. unanimously approved by a vote of 4-0-0, the 2003-004 Kerr=Coulity ~--. Market days and Kerr County Farmers' Market Usage License and THE STATE OF TEXAS §- COUNTY OF KERB § This Agreement, made and entered into by and between ICeir County, a body corporate`andpolitic under the laws of the State, of Texas, hereinafter i+efeered_ to, as "Gourity;' and the Kerr County Market Association, hereinafter referred to as "Associatioa.° - WTTPi1rS$ETH-_ = THAT, WHEREAS, County desires to provide a location fqr Association to and inviting market places for regionally-produced fresh-produce,Fpfin~s;l~ome~nade fa and crafts as such public purpose activities arc,tn'}'er'e~tly_gooc'~~oi$te citizens a~Cdu4[y stablish aarar~trye 1 stuffs; arfworks_' - WHEREAS, Associaion desires to continue to work with other groups who may reasonably be _. accommodated while the Kerr County Market Days and the Kerr County Farmers' Market events ake occurring and further to work with those who have a;rang'ed ahd planned'pre-existing events; arid_ WHEREAS, County desires to assist in continuing to create a new business opportunity for small, independent entrepreneurs, to continue. to create a new attraction-in the downtown area, and to encourage;. youth-participation in agriculture-based business throug~i ~~' A_; 4-H, andotf4er hke organvatronsr-.and j: ° __. .__ . °- , WHEREAS, County recognizes the lack of_a 'cenitaliy=locatezl-'famters',market where 3ltose ;_ - .. mentionedabove could gather to market their.produce;_home-made-ood stuffs, plants, art works;,add~ra~ _ ,: _ ° rather than to attempt to market them along roadside or from.-their Mouses;- ttie resuif _beipg centialization'of--- _ . theso activities whichshould create a real potential for, new communes,activity and`attraction,of-visitors to - _ the Gowntowrt-area; artd - . `-. -~- , ` _ - ` - WHEREAS, when compared to the status qua,-the increased.traffic: in-the County Courthouse-area-- - should cause. increased foot traffic downtown whic$ slioufd aid all: frie[Cltxiifs-in tfie area and-wlicli should, _ _ in tum, generate greater tax reyenueto area governmental bodres;~nd .. _ _ _ _ . _ _:_ - WHEREAS, Association fully understands the historical significance of the County Courthouse and intends to cooperate fully and take whatever steps are necessary to minimize all impacts upon the County Courthouse grounds during the operation of Kerr_ County Market Days and the Kerr. County Farmers' Market and further, should there be any sAbstantial-damageeto-said grounds Association shalt•-_ - reasonably restore the CountyCourthouse groundsta-their original-Cgndition followingeachinarkcl~lapand-~;=- `fartners' market; and= _ .... - <_ . WHEREAS,- Associationshall require the vendors at Kerr-County Market Days and- he Kerr - County Farmers' Market and their-patrons to minimize their eusfonrers from unnecessan"'y walking9n the - _. grass of the County Courthouse lawns; and - s,. ..,. _ __:_:_ WHEREAS, Association, through. ifs-offiz~rs r8~trxents that_it~ossesses the luiowretlge` _ - __ _<__- expertise, and ability to manage Kerr County-Market'Days and-~Tio Kerr County'_Farmers' Market,.vvrtTi a~- f -`-` - - minimum of disruption to the surrounding-propert3~ owners and _[o-t-ire.grounds of the CoantyCOarthouse;. _ -~_e ~ _ ,.._. ~t,~_ _ _~ , _ - and. _ -° - 1 __:~, WHEREAS, in a desire to promote regionally and locally grown fresh produce, regionally and locally grown plants, regionally and (ocaily created home=made food stuffs, art works and crafts, Association, in operating the Kerr County Marker Days'the iC,erc County Eamters' Markey yvill prohibit the , participating vendors from selling or mazketing any used items, live animals, commercially-manufactured goods or any item purchased for the purpose of re-sale, exclusive of produce and further, Association shall, in it's sole discretion decide what sorts of regionally and locally grown fresh produce, regionally and locally produced plants, regionally and locally created home-made foodstuffs, art works, crafts, goods, and other items shal l be marketed at the Kerr County Market Days and at the Kerr County Farmers' Market; and WHEREAS, Association will not allow anyone to market products containing more than a minimal amount of alcohol, used for flavoring at the Kerc County.Market-Days and at,tho-Kerr County Farmers' Market and further, Association will not allow anyone to remain upon the premises if he or she is consuming, using, or obviously under the influence of alcohoCor any coriirolled substance; and WHEREAS, Association represents that`it wlii obtain written letter agreements with its vendors at the Kerr County Market Days and at the Kerc County Farmers' Market which specify the uses vendors may make of County Courthouse premises in keeping with this agreemenfi and WHEREAS, Association represents that it will provide orientation to the vendors as to what is expected at the Kerr County Market Days, that Association will promote Kerr Country Market Days through a variety of means, the anticipated times of operation forKerc-Gaunty Market-Days being between 8:00 a.m. until 6:00 p.m. beginning on the second Saturday of December, 2003 and again, on the third Saturday of December, 2003 and then, on the second and fourth Saturdays beginning in April, 2004 and ending after the Kerr County Market Days held on the second Saturday of December, 2004 with a Special market to occur on the third Saturday of December, 2004 or until further order of the County Commissioners' Court; and -- '' WHEREAS, Association represents that it will provide orientation to the vendors as Yo what is expected at the Kerr County Farmers' Market, that Association will-promote Kerr Country Farmers' Market through a variety of means, the anticipated-times-of operation For Kerc County Frniers' Market being . between 9:00 a.m. until 12:00 p.m. (noon). beginning on the first, third, and fifth Saturday'of November, 2003 and ending after the Kerr County Farmers' Market held on the third-Saturday of December, 2004 or until further order ofthe County Commissioners' Court; and WHEREAS, it is the expressed intent of Association to enforce the specific requirements herein listed, County grants whatever authority needed for Association to control its usage rules by terminating [he letter of agreement between Association and anyoffeiiding vendor; and - - - WHEREAS, Association represents that it, along with the vendors, will use their best efforts to keep the County Courthouse grounds neat and clean by removing any items of gazbage, trash, food items, and refuse and also by each participating vendor providing a receptacle large enough fo accommodate all - _ _ _ - waste generated at his or her permitted location and will dispose of same in the dumpster;bin on the northwest portion ofthe County Courthouse property until the dumpster is full and ~~ilt then haul away any excess garbage, trash, food items, and refi~se; and WHEREAS, Associatiot- will, during alf occurrences of the Kerr County Market Days and the Kerr County Farmers' Market, configure and use-theCounry Ctiurthouseprvperty~s~rovide-adequafeand appropriate parking for disabled persons. and the. vehicles [hey. utilize to transport themselves to the Kerr County Market Days and the Kerc County Farmers' Market by measures which may restrict, control, and/or prohibit parking of other vehicleson the Courthouse property, and 2 WHEREAS, Association has determined the need to charge a per day usage pemtit fee and/or an annual usage permit fee to each participating vendor based upon the size of the space used by said vendor and the duration or frequency of the vendor's usage, such fees to be determined solely by Association further, Association intends to use said fees to defray the costs of conducting the Kerr County Market Days and the Kerr County Farmers' Market to Association, for related ancillary expenses and to establish a fund [o cover costs and ancillary expenses of the 2003-2004 (and subsequent) Kerr County Mazket Days and Kerr County Farmers' Market. Further, in the event that Association and/or County decide to discontinue future Kerr County Market Days and/or Kerr County Fainters' Markets, Association does agree to remit any funds not needed to cover necessary costs and ancillary expenses of past, current, or future Kerr County Market Days and/or Kerr County Farmers' Mazket to the Corinty Treasurer, , NOW, THEREFORE, County and Association, in consideration of the mutual promises herein expressed and the compensation herein agreed to be .paid, covenant and agree to and with each other'as follows: The term of this Agreement shall commence on November 1, 2003, and end on December 18, 2004, and thereafter, from year to year, unless the term of this Agreement is sooner terminated is accordance with the provisions hereof and does contain the agreements. and duties imposed upon the parties hereto in the preamble, supra. II. Any term of this Agreement may be terminated at will by either party giving the other party 30 days written notice of termination thereof. Any notice permitted or required to be given hereunder to Association shall. be given by registered or certified United States-Mail, postage prepaid, return receipt requested, addressed to Ms. LuAnn Anderson, 5'o Kerr County Market Association, P.O. Box 290163, Kerrville, Texas 78024-0163.